V SANNASI Vs. DISTRICT COLLECTOR COLLECTORATE OFFICE

JUDGEMENT

(1.) THE petitioner was issued with a community certificate by the Tahsildar, Madurai South on 28.03.1972 certifying him to belong to Kattunaicken community, which is notified as scheduled tribe. THEre is no dispute that as on date, the said certificate has not been cancelled in the manner known to law. It appears that based on the said certificate, the petitioner has secured an employment in the postal department and is also presently serving and is due to retire in a year. At the time when his promotion was considered in the year 1990, he was asked by his employer in the letter dated 17.7.1990 to produce a community certificate from the Revenue Divisional Officer concerned for consideration of such promotion. Pursuant to the said request, he made an application to the Revenue Divisional Officer, Madurai South, who, by the impugned order, refused to issue such a certificate on the ground that the petitioner belongs to -Ottar- community, which is notified as most backward class. This order was initially questioned by the petitioner before several forums including civil Courts. Later, on realizing that the proper course to be adopted is to file a writ petition, he has approached this Court with a delay of ten years.

(2.) THE writ petition was filed in the year 2003 and in spite of several adjournments and opportunities, the respondents have not chosen to file counter. In fact, on the last occasion, i.e. on 11.06.2010, when the matter was taken up, this Court has observed that the respondents to produce the records. Even today, the learned Government Advocate expresses his inability either to file counter or to produce the records. In view of the same and keeping in mind the fact that the writ petition is pending from 2003 and the impugned order was passed in the year 1993, we are not inclined to adjourn the writ petition any further and consequently, proceed to consider the case on merit.